Will v. Barnwell

An interlocutory judgment was entered in Erie county clerk’s office February 10, 1909, upon an order of the Appellate Division sustaining defendant’s demurrer to plaintiff’s complaint, with leave to plaintiff to plead over upon paying to defendant $143.38 costs. Plaintiff has not paid these costs and defendant refuses to enter final judgment dismissing plaintiff’s complaint. Plaintiff moves for an order compelling defendant to enter such final judgment to the end that plaintiff may appeal from such judgment to the Court of Appeals. Defendant contends that because *642plaintiff has failed to pay…